Employment & Environment: Anti-Discrimination

Question 1

Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act

Answer 1

Forbids discrimination based on:
- race
- color
- religion
- religion limitation
- sex
- national origin
Not:
- eldery
- disabled
Applies to:
- employers
  - 15+ employees for 20 weeks
  - whose business affects interstate commerce
- employment agencies
- labor unions
- federal, state, and local government employees (not charities or religious employers)
Covers: hiring, promotion, transfers, firings, compensation, job assignments

Question 2

Employment & Environment:
Anti-Discrimination
Title 7 of Civil Rights Act 2

Answer 2

Enforced by:
- Equal Employment Opportunity Comission (right to sue letter)
- civil acts by employee against employer
Types of discrimination:
- Intentional: disparate treatment
- Discriminatory Impact: disparate impact
Defenses of Employer:
- Bona fide occupational qualification
- Bona fide seniority or merit
- Professional developed ability test
Sexual Harassment
- Quid pro quo
- hostile environment
- employer creates or tolerates an intimidating, hostile, or offensive working environment.
- employers may be liable
- if victims suffer adverse job result, employer is strictly liable
- employees who do not take advantage of employers internal procedures for complaints will be barred

Question 3

Employment & Environment:
Anti-Discrimination
Age-Discrimination

Answer 3

• supplement to title 7
• protects those:
  
  • 40 years or older
  • prohibits mandatory retirement
    
    • exception for executives 65 or older
      Applies to:
• businesses employing 20+ people
• state and local governments
• unions (with 25+ members)
• Employment Agencies

Question 4

Employment & Environment:
Anti-Discrimination
Americans with Disabilities Act

Answer 4

• ensure disabled persons are able to work
  Applies to:
• employers with 15+ employees
• All state and local governments
• private businesses that provide accommodations, goods, or services to the public
• public services or transportation
  Enforced by: EEOC and private suits under title 7
  Forbids discrimination against “any qualified individual with a disability”
• physical or mental impairment that limits one or more “major life activities”
• record of impairment
• being regarded as having such impairment
  Employer must:
• not discriminate in hiring
• establish non-discriminatory hiring standards by:
  
  • identifying essential job requirements
  • ensure that standard that includes disables person is “job related and of business necessity”
  • determining reasonable accommodation would permit a disabled persons’s qualification
• make reasonable accomodations